In many of my undergraduate and graduate courses, my students ask me about employment legislation. I’m no lawyer so I found a lawyer to talk about some of the legal issues in employment. I reached out to my friend Usman Chaudhary, Esq about doing an e-mail interview. He was kind enough to answer some basic questions regarding legal issues in employment as well as providing advice about starting your own consulting firm. If you have further questions feel free to reach out to him!
Tell me a little bit about where you grew up and your educational experience
I was born and raised in New York- majority of my time has been spent on Long Island. I studied History and Political Science at NYU and then went to Hofstra Law School to get my JD.
Why did you decide to become a lawyer? What drew you to this career?
Honestly, because there was nothing better to do. I didn’t want to follow the typical path and become a doctor or an engineer, so I decided to go to law school. I’m glad I did because I learned a great deal and now have the ability to help people in legal matters.
What are some areas that your law firm specializes in?
Estate planning, estate administration, immigration, business formation and compliance, Employment discrimination, Shariah compliant Wills, civil liberties, general civil litigation, and non-profit law.
Can you provide an example of workplace discrimination?
Workplace discrimination can exist in many forms. Some examples include, not being promoted or given a raise because of your race, gender, age, disability, national origin, or religion, or being fired because you wanted to go pray Friday afternoon.
There are a number of examples of unfair firing that I can cite:
You are a female and are laid off because of cutbacks, but men in the same position and with less seniority are not fired.
You are 55 years old and were just fired because the boss said your attendance is poor. However you have the best attendance out of all of the employees and the employee with the worst attendance who is 30 was not fired.
You are the only non-white person at work, all the other employees offensive or derogatory remarks about your race or color, or the display of racially-offensive symbols. It is so frequent or severe that it creates a hostile or offensive work environment and you quit your job.
How can an employee recognize workplace discrimination? Should an employee speak to their manager about the issue immediately?
Many times it can be difficult to recognize workplace discrimination. If you feel you are being treated differently (did not get a raise, passed up for promotion, were fired) than the other employees and your work product is equal or better than the other employees, then you may be facing workplace discrimination. Then again, it could mean you rubbed your employer the wrong way or he doesn’t like you and the reason is because of something other than your race, gender, age, disability, national origin, or religion.
Once you are sure that you are facing discrimination, it is usually a good idea to speak to the manager or employer about the concerns you are having. Make sure you keep a record of all conversations you have with your employer and what is said during the conversation. Keep records of all of the discriminatory conduct – write it down in a diary or journal. Take notes of who was present when the comments were said or conduct occurred.
If an applicant feels like they’ve been discriminated against in the hiring process can they immediately sue? What should someone who feels that they’ve been discriminated against in the hiring process do?
The person cannot immediately sue. If you feel like you have been discriminated against, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) and/or your state equivalent. You can file a lawsuit after the EEOC gives you a “Notice-of-Right-to- Sue,” which gives you permission to file a lawsuit.
What are some things employers should do to protect themselves from these types of law suits? Are there specific policies or procedures that should be instituted?
Don’t discriminate. Educate yourself on the laws and what you can and cannot do or say, what questions you can and cannot ask during an interview, and what characteristics you can and cannot take into consideration when evaluating applicant or employees. When in doubt consult an attorney.
Employers should keep good records regarding number of applicants they interviewed and the applicants’ qualifications. Employers should make sure they do not ask for or look at information that relates to a protected category. Do not ask an applicant his age, religion, country of origin, etc. and do not look online for someone’s age, religion, etc. Do not disqualify a candidate simply because he has a disability. Keep good records regarding the quality of an employee’s work, their attendance, and disciplinary actions taken so you can show that the reason the employee was fired or not promoted was a reason other than discrimination.
Should a lawyer review an organization’s discrimination policies and procedures?
Yes, ALWAYS consult with a lawyer with the policies you create to make sure that you are in compliance with the law.
Let’s switch gears a bit and talk about another side of your practice. You also help individuals start businesses. Some of my readers are interested in starting their own consulting practice. What are the advantages of starting an LLC over a sole proprietorship?
One of the major advantages of an LLC over a sole proprietorship is that a LLC provides you with limited liability for debts. As a sole proprietorship, you are the business – any debts of the business are your personal debts. With an LLC, debts of the business generally will not be sought from you personally if you respect the corporate structure of the LLC and don’t use it as your personal piggybank. So debts from vendors, judgments for a slip and fall injury in your office, etc. will only be sought from the LLC.
An LLC is also useful if you think you will take on a partner in the future and if you want your business to continue after you die. A sole proprietorship ends with you. The LLC will generally continue.
What are some legal considerations a potential consultant should think about before starting their own consulting practice?
They should make sure they have contracts with whomever they are providing services to– contracts that indicate the scope of the agreement, what will be provided, what the fees are, etc. If they have employees, then need to make sure payroll taxes are being paid. Also have contracts with the employees that contain a non-complete clause. Get insurance – malpractice and commercial liability.
If you are a partnership, have a partnership agreement. I’ve seen so many businesses where the partners have a dispute and there is no partnership agreement. Then we have to litigate percentage of ownership, how the assets will be divided, who gets which clients, etc.
How do my readers get in touch with you if they have more questions?
I’m in the process of getting a “bat-signal” but in the meantime they can email me at usman@asuslaw.com or call me at 516.418.3092. They can also check out my blog at http://islamiclegalblog.wordpress.com/
Thanks for answering these questions Usman. It’s been a big help.
Disclaimer
By: Usman Chaudhary, Esq. Usman is a partner with the firm Asadullah & Chaudhary LLP with offices in Hicksville and Hauppauge, New York. He can be reached at usman@asuslaw.com or 516.418.3092. He regularly writes for the blog http://islamiclegalblog.wordpress.com/
This information does not constitute legal advice or opinion and has been prepared only for general informational purposes. This information is not an offer to represent you, nor is it intended to create an attorney-client relationship between the author and you. Publication or display of this information outside of New York should not be considered by the reader as an attempt to practice law outside of New York. Most information contained pertains to the laws of New York.
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